Jury Instructions
In General
"It is the duty of the trial court to instruct the jury on all substantial features of a case raised by the evidence. State v. Shaw, 322 N.C. 797, 803, 370 S.E.2d 546, 549 (1988). "Failure to instruct upon all substantive or material features of the crime charged is error. State v. Bogle, 324 N.C. 190, 195, 376 S.E.2d 745, 748 (1989).
"[Arguments] challenging the trial court's decisions regarding jury instructions are reviewed de novo by this Court. State v. Osorio, 196 N.C. App. 458, 466, 675 S.E.2d 144, 149 (2009). "The prime purpose of a court's charge to the jury is the clarification of issues, the elimination of extraneous matters, and a declaration and an application of the law arising on the evidence. State v. Cameron, 284 N.C. 165, 171, 200 S.E.2d 186, 191 (1973), cert. denied, 418 U.S. 905, 41 L. Ed. 2d 1153 (1974). " trial judge should not give instructions to the jury which are not supported by the evidence produced at the trial. Id. "Where jury instructions are given without supporting evidence, a new trial is required. State v. Porter, 340 N.C. 320, 331, 457 S.E.2d 716, 721 (1995).
Lesser-Included Offenses
"An instruction on a lesser-included offense must be given only if the evidence would permit the jury rationally to find defendant guilty of the lesser offense and to acquit him of the greater. State v. Millsaps, 356 N.C. 556, 561, 572 S.E.2d 767, 771 (2002).
Erroneous Instruction
"Whether a jury instruction correctly explains the law is a question of law, reviewable by this Court de novo.State v. Barron, 202 N.C. App. 686, 694, 690 S.E.2d 22, 29, disc. review denied, 364 N.C. 327, 700 S.E.2d 926 (2010). "However, an error in jury instructions is prejudicial and requires a new trial only if 'there is a reasonable possibility that, had the error in question not been committed, a different result would have been reached at the trial out of which the appeal arises.' State v. Castaneda, 196 N.C. App. 109, 116, 674 S.E.2d 707, 712 (2009) (quoting N.C. Gen. Stat. § 15A-1443(a) (2007)).
Choice of Instruction
"As to the issue of jury instructions, we note that choice of instructions is a matter within the trial court's discretion and will not be overturned absent a showing of abuse of discretion. State v. Nicholson, 355 N.C. 1, 66, 558 S.E.2d 109, 152, cert. denied, 537 U.S. 845, 154 L. Ed. 2d 71 (2002).
Deadlocked Juries (N.C. Gen. Stat. § 15A-1235)
"[I]t has long been the rule in this [s]tate that in deciding whether a court's instructions force a verdict or merely serve as a catalyst for further deliberations, an appellate court must consider the circumstances under which the instructions were made and the probable impact of the instructions on the jury. State v. Peek, 313 N.C. 266, 271, 328 S.E.2d 249, 253 (1985).
"In deciding whether the trial court coerced a verdict by the jury, the appellate court must look to the totality of the circumstances. Some of the factors considered are whether the trial court conveyed an impression to the jurors that it was irritated with them for not reaching a verdict and whether the trial court intimated to the jurors that it would hold them until they reached a verdict. State v. Porter, 340 N.C. 320, 335, 457 S.E.2d 716, 723 (1995) (citation omitted).